Syllabus

Cambridge International A & AS Level Law Syllabus code 9084 For examination in June and November 2011

Note for Exams Officers: Before making Final Entries, please check availability of the codes for the components and options in the E3 booklet (titled Procedures for the Submission of Entries) relevant to the exam session. Please note that component and option codes are subject to change.

Contents

Cambridge International A & AS Level Law Syllabus code 9084

1. Introduction ..................................................................................... 2
1.1 Why choose Cambridge? 1.2 Why choose Cambridge A & AS Level Law? 1.3 How can I find out more?

2. Assessment at a glance .................................................................. 4 3. Syllabus aims and assessment ....................................................... 5 4. Curriculum content .......................................................................... 6
4.1 Structure and operation of the English Legal System 4.2 Law of Contract 4.3 Law of Tort

5. Suggested resources .................................................................... 14

Cambridge International A & AS Level Law 9084. Examination in June and November 2011. UCLES 2008

1. Introduction

1.1 Why choose Cambridge?

University of Cambridge International Examinations (CIE) is the worlds largest provider of international qualifications. Around 1.5 million students from 150 countries enter Cambridge examinations every year. What makes educators around the world choose Cambridge?

Recognition
A Cambridge International A or AS Level is recognised around the world by schools, universities and employers. The qualifications are accepted as proof of academic ability for entry to universities worldwide. Cambridge International A Levels typically take two years to complete and offer a flexible course of study that gives students the freedom to select subjects that are right for them. Cambridge International AS Levels often represent the first half of an A Level course but may also be taken as a freestanding qualification. They are accepted in all UK universities and carry half the weighting of an A Level. University course credit and advanced standing is often available for Cambridge International A/AS Levels in countries such as the USA and Canada. Learn more at www.cie.org.uk/recognition.

Support
CIE provides a world-class support service for teachers and exams officers. We offer a wide range of teacher materials to Centres, plus teacher training (online and face-to-face) and student support materials. Exams officers can trust in reliable, efficient administration of exams entry and excellent, personal support from CIE Customer Services. Learn more at www.cie.org.uk/teachers.

Excellence in education
Cambridge qualifications develop successful students. They not only build understanding and knowledge required for progression, but also learning and thinking skills that help students become independent learners and equip them for life.

Not-for-profit, part of the University of Cambridge

CIE is part of Cambridge Assessment, a not-for-profit organisation and part of the University of Cambridge. The needs of teachers and learners are at the core of what we do. CIE invests constantly in improving its qualifications and services. We draw upon education research in developing our qualifications.

Cambridge International A & AS Level Law 9084 Examination in June and November 2011.

1. Introduction

1.2 Why choose Cambridge International A & AS Level Law?

Cambridge A & AS Level Law is accepted by universities and employers as proof of an understanding of the main principles of the law in England and Wales. Successful A and AS Level Law students gain lifelong skills, including: Knowledge and understanding of the English Legal System and, at A Level, Contract Law and Tort Law; Ability to analyse realistic scenarios by applying legal concepts, rules and precedents; Greater command of language to express interpretation, reasoning, comment and judgement.

1.3 How can I find out more?

If you are already a Cambridge Centre
You can make entries for this qualification through your usual channels, e.g. CIE Direct. If you have any queries, please contact us at international@cie.org.uk.

If you are not a Cambridge Centre

You can find out how your organisation can become a Cambridge Centre. Email us at international@cie.org.uk. Learn more about the benefits of becoming a Cambridge Centre at www.cie.org.uk.

Cambridge International A & AS Level Law 9084. Examination in June and November 2011.

2. Assessment at a glance

Cambridge International A & AS Level Law Syllabus code 9084

Paper 1 1 hour 30 minutes Paper 2 1 hour 30 minutes Structure and operation of the English Legal System Candidates answer three essay questions from a choice of six. The questions are based on compulsory topics concerning the structure and operation of the English Legal System. The topics are as follows: Sources of Law Machinery of Justice Legal Personnel 1 hour 30 minutes Paper 4 Law of Tort There are two sections in this paper. Section A contains three essay questions and section B contains three scenario-based problem questions. Candidates answer three questions: one from section A, one from section B and one other of their choice. The questions are based on topics concerning the Law of Tort, which include: Negligence and Occupiers Liability Private Nuisance and Rylands v. Fletcher Trespass Remedies 1 hour 30 minutes Data response: the English Legal System Candidates answer one data response question from a choice of two. The questions are based on the same content as for Paper 1 but involve case analysis. This paper tests the candidates ability to apply their knowledge, critically examine and analyse a given case.

Paper 3 Law of Contract

There are two sections in this paper. Section A contains three essay questions and section B contains three scenario-based problem questions. Candidates answer three questions: one from section A, one from section B and one other of their choice. The questions are based on topics concerning the Law of Contract, which include: Formation of Valid Contracts Contents of Contracts Vitiating Factors Remedies for Breach of Contract

AS Level
Candidates take Papers 1 and 2, as described above. Paper 1 is worth 60% of total marks. Paper 2 is worth 40% of total marks.

A Level
Candidates take Papers 1, 2, 3 and 4, as described above. Paper 1 is worth 30% of total marks. Paper 2 is worth 20% of total marks. Paper 3 is worth 25% of total marks. Paper 4 is worth 25% of total marks.

Cambridge International A & AS Level Law 9084 Examination in June and November 2011.

3. Syllabus aims and assessment

The aims of the syllabus are to: Provide an introduction to legal concepts and rules and the machinery involved in their introduction, application and enforcement; Encourage candidates to explore and understand the substantive rules of law; Explore and critically assess the value of legal rules, processes and institutions; Develop skills of communication, interpretation, reasoning and analysis.

To pass Cambridge A and AS Level Law, candidates must demonstrate ability in the following areas: AO1: Knowledge and understanding An ability to recall, select, use and develop knowledge and understanding of legal principles and rules by means of example and citation. Analysis, evaluation and application An ability to analyse and evaluate legal materials, situations and issues and accurately apply appropriate principles and rules. Communication and presentation Use appropriate legal terminology to present logical and coherent argument and to communicate relevant material in a clear and concise manner.

AO2:

AO3:

In each paper, the relative importance of each assessment objective is different. The percentage of marks for each assessment objective is as follows: Assessment Objective AO1: Knowledge and understanding AO2: Analysis, evaluation and application AO3: Communication and presentation Paper 1 50 40 10 Paper 2 30 60 10 Paper 3 50 40 10 Paper 4 50 40 10

Cambridge International A & AS Level Law 9084. Examination in June and November 2011.

4. Curriculum content

4.1 Structure and operation of the English Legal System

Unit 1:
1.

Sources of law

This unit introduces candidates to the principal historical and modern day sources of English law. Nature and classification of law Comparison of law, rules and morals. The main classifications of law in England and Wales: criminal/civil law; public/private and public international/private international law. Rules of law within these classifications.

2. Common Law and Equity The development of the Common Law of England and Wales; Custom. Historical development of Equity and its modern day applications.

3. Doctrine of precedent The doctrine of Stare Decisis. Judicial tools: distinguishing, overruling, reversing. Nature and authority of precedent with examples. Hierarchy of courts. Development of doctrine within House of Lords (Practice Statement 1966) and Court of Appeal (Youngs case). Advantages and disadvantages.

4. Legislation Why legislation is necessary (to amend or repeal existing legislation, to change or add to the common law, to codify or to consolidate law). Examples of use in each case. The legislative process.

5. Statutory interpretation The role of the judiciary as interpreters of statutes (Acts of Parliament). Common law rules of interpretation, rules of language, presumptions, intrinsic and extrinsic aids (in particular, Hansard and Pepper v. Hart).

Cambridge International A & AS Level Law 9084 Examination in June and November 2011.

4. Curriculum content

6. Delegated legislation 7 . The meaning of and reasons for delegated legislation. Importance and reasons for it as a source of law. Types of delegated legislation. Controls: pre-drafting consultation, parliamentary proceedings, judicial review and publicity.

Human Rights Introduction to Human Rights. European Convention on Human Rights; reasons for and application of Human Rights Act 1998; role of European Court of Human Rights.

8. Law reform Impetus for reform: role of Parliament and judges; effect of public opinion and pressure groups. Agencies of reform: role of Law Commission; Royal Commissions and other agencies in outline.

Unit 2:
1. Civil courts

Machinery of justice

This unit introduces candidates to the institutions and processes involved in the resolution of legal matters.

Jurisdiction of Magistrates Courts, County Court, Crown Court and High Court. The Appeal Courts and appeals system in general, including the appellate jurisdiction of the Divisional Courts within the High Court.

2. Alternative methods of dispute resolution Tribunals, enquiries, conciliation and arbitration. Reasons for establishment; functions; respective advantages and disadvantages. Control of tribunals.

3. Criminal process Police powers: PACE stop and search; arrest; detention and treatment of suspects at police station. Right to silence. Pre trial matters: bail, mode of trial, committal proceedings.

4. Criminal courts Role and jurisdiction of Magistrates and Crown Courts. The Appeal Courts and appeals system in general, including appeals to the Divisional Court, Court of Appeal and House of Lords.

Cambridge International A & AS Level Law 9084. Examination in June and November 2011.

4. Curriculum content

5. Sentencing principles and sanctions of courts Aims of sentencing; purpose and effect of sentences. Types of sentence: custodial, community, fines and discharge, compensation, other powers. Young offenders.

Unit 3:
1.

Legal personnel

This unit introduces candidates to key legal personnel involved in the resolution of legal matters. Barristers and solicitors Independence; role; recruitment. Overlap of roles.

2. The judiciary Role; recruitment and dismissal; training and education. Judicial independence.

3. The Crown Prosecution Service Function of the service.

4. Role of lay personnel Magistrates: qualifications; selection; training; function in civil and criminal cases; advantages and disadvantages; role of Magistrates Clerk. Juries: qualifications; role in civil and criminal cases. Alternatives to use of juries. Criticism of the use of lay personnel.

5. Lord Chancellor Appointment; role.

Cambridge International A & AS Level Law 9084 Examination in June and November 2011.

4. Curriculum content

4.2 Law of Contract

Unit 1: Formation of valid contracts
This unit introduces candidates to a key area of substantive law. It explores the nature of contracts and the rules that a court of law applies to determine whether contracts are valid or not. 1. Nature of contract Agreement; unilateral; bilateral; collateral.

2. Offer and acceptance Principles and evidence: offers; invitation to treat; counter offers; requests for information; termination; acceptance.

3. Intention Reason for requirement; presumption and rebuttal in commercial and social/domestic agreements.

4. Consideration Nature and function; sufficiency/adequacy, past, performance of existing duties; promissory estoppel.

5. Capacity Reason for limitation. Minors contracts: necessaries; employment and training; continuing obligations; main provisions of Minors Act 1987 . Corporations, Persons of unsound mind, drunkards: a basic outline.

Unit 2:
1.

Contents of contracts

This unit examines the relative importance of different types of term that contracts may incorporate. Types of term Express; implied (by statute only: Sale of Goods Act 1979 as amended).

2. Status of terms Conditions, warranties, innominate terms. Nature; examples; effects of breach.

Cambridge International A & AS Level Law 9084. Examination in June and November 2011.

4. Curriculum content

3. Control of exemption clauses Common law: rules of incorporation; contra proferentem. Statutory: Unfair Contract Terms Act 1977; Unfair Terms in Consumer Contracts Regulations 1999.

Unit 3:

Vitiating factors

This unit explores two key factors that can lead to seemingly valid contracts being declared invalid and their inter-relationship. 1. Vitiating factors Reasons; invalidating effect.

2. Misrepresentation Definition; when actionable. Types: innocent; negligent; fraudulent. Effects on validity of contract; remedies at Common Law, in Equity and by statute (Misrepresentation Act 1967).

3. Mistake General rule and exceptions. Operative mistakes: common, mutual (cross purpose), unilateral. Mistakenly signed documents; non est factum. Effect at Common Law and in Equity.

4. Passing of title under void and voidable contracts. General rule. Nemo Dat Rule; sale under voidable title (Sale of Goods Act 1979 as amended).

Unit 4:

Remedies for breach

This unit introduces candidates to the various types of remedy for breach of contract, their purpose and the limitations on their award. 1. Common Law Damages: nature; purpose. Mitigation; remoteness.

Cambridge International A & AS Level Law 9084 Examination in June and November 2011.

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4. Curriculum content

2. Equitable Specific performance; specific restitution; injunction. Nature; purpose. Limitations on awards in contract law.

Cambridge International A & AS Level Law 9084. Examination in June and November 2011.

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4. Curriculum content

4.3 Law of Tort

Unit 5:
1.

Negligence and occupiers liability

This unit offers candidates the opportunity to explore the nature of legal liability in a variety of situations. Liability in negligence Nature and justification: personal; vicarious (outline only); joint tortfeasors.

2. Duty of care Neighbour principle; methods of establishing duty; negligent misstatement; nervous shock.

3. Breach of duty Standard of care; subjective considerations.

4. Causation But for test; foreseeability; intervening acts; remoteness.

5. Occupiers liability Standards of care. Lawful visitors: at Common Law; by Statute (Occupiers Liability Act 1957). Unlawful visitors: at Common Law; by Statute (Occupiers Liability Act 1984). Exclusion of liability.

6. Defences Consent: express/implied; knowledge of nature and extent. Volenti non fit injuria: voluntary nature; effect of Road Traffic Act 1988; rescue situations. Contributory negligence: nature and effect (Law Reform(Contributory Negligence) Act 1948). Inevitable accident; act of God.

Unit 6:

Private nuisance and Rylands v. Fletcher

This unit introduces candidates to an area of the law that regulates behaviour at home and at work as it affects the rights of those around us and enables them to explore the concepts of fault-based and strict liability in tort. 1. Private nuisance Definition; nature of liability; who can sue and be sued.

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4. Curriculum content

Relevance of locality, utility, sensitivity, duration and malice to liability. Defences: prescription; statutory authority.

2. Rylands v. Fletcher Definition; nature of liability (strict v. fault based); conditions of liability; relationship with nuisance. Defences: consent; act of stranger; statutory authority; act of God; default of claimant.

Unit 7:

Trespass

This unit enables candidates to explore areas that deal with unlawful direct interference with the person and his or her land. 1. Trespass to land Unlawful entry; intention; continuing trespass. Defences: lawful authority; licence; right of entry.

2. Trespass to the person Assault and battery: elements; conditions of liability; defences of consent, lawful authority and necessity. False imprisonment: elements; conditions of liability; defence of lawful detention (powers to arrest and detain in outline).

Unit 8:

Remedies

This unit introduces candidates to the various types of remedy in tort, their purpose and the limitations on their award. 1. Common Law Damages: nature; purpose. Mitigation; remoteness.

2. Equitable Specific performance; specific restitution; injunction. Nature; purpose. Limitations on awards in the law of tort.

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5. Suggested resources

Recommended textbooks
Suitable class textbooks are The English Legal System by Martin (for Papers 1 and 2), Contract Law by Elliott & Quinn (for Paper 3) and Tort Law by Elliott & Quinn (for Paper 4). These are the textbooks that we recommend students should have. Details are given in the following pages. Check the Internet for more recent editions. This list was checked and revised in 2008 for the 2011 syllabus.

Introductory Reading
Understanding the Law, by Geoffrey Divlin, provides interesting reading for students considering taking or just beginning the course. The 4th edition of this book was published in 2006 by Oxford University Press, ISBN 0199284687 .

General texts
Author Charman, M., Vanstone, B. and Sharratt, L. Dugdale, A.M., Furmston, M.P ., Jones, S.P ., Sherrin, C.H. Elliott, C. and Quinn, F . Hunt, M. Hunt, M. Martin, E. and Law, J. Martin, J. and Turner, C. Mitchell, A. Riley, L. Title AS Law, 5th Ed. Date 2008 Publisher Willan ISBN 184392417X

A Level Law

2002

Butterworths

0406924058

AS Law A Level & AS Level Law Cases & Materials for AS Level Law A Dictionary of Law, 6th Ed. OCR Law for AS AS Law, 3rd Ed. OCR Law for AS: Teachers Resource CD-ROM

2006 2003 2004 2006 2008 2008 2008

Longman Sweet & Maxwell Sweet & Maxwell OUP Hodder Routledge Hodder

1405836180 0421798300 0421876808 019280698X 0340959398 0415458528 0340968857

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5. Suggested resources

Structure and operation of the English Legal System

Author Elliott C. Elliott, C. and Quinn, F . Holland, J. and Webb, J. Ingman, T. Martin, J. Martin, J. Martin, J. and Wortley, R. Partington, M. Slapper, G., Kelly, D. Smillie, J. Title English Legal System Sourcebook English Legal System, 9th Ed. Learning Legal Rules, 6th Ed. The English Legal Process, 12th Ed. The English Legal System, 5th Ed. Looking at the English Legal System The English Legal System, Teachers Resource CD-ROM An Introduction to the English Legal System, 4th Ed. The English Legal System, 9th Ed. The English Legal System Course Companion and Revision Guide The Law Making Process, 6th Ed. Cases and Materials on the English Legal System, 10th Ed. Date 2006 2008 2006 2008 2007 2003 2007 2008 2008 2006 Publisher Longman Longman OUP OUP Hodder Hodder Hodder OUP Routledge Trafford ISBN 1405821345 1405859415 0199282501 0199232291 0340941560 0340811048 0340942000 0199238103 0415459540 1425107672

Zander, M. Zander, M.

2004 2007

CUP CUP

0521609895 0521675405

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5. Suggested resources

Law of Contract
Author Burrows, A. Elliot, C. and Quinn, F . Richards, P . Smith, J.C. and Thomas, J.A. Title A Casebook on Contract Contract Law, 6th Ed. Law of Contract, 8th Ed. A Casebook on Contract Date 2007 2007 2007 2000 Publisher Hart Longman Longman Sweet & Maxwell ISBN 1841137138 1405846714 1405846917 0421716908

Law of Tort
Author Deakin, S. and Johnston, A., Markesinis, B. Elliot, C. and Quinn, F . Harpwood, V. Hedley, S. Hodge, S. Jones, M.A. Kidner, R. Matthews, M., OCinneide, C. and Morgan, J. Turner, C. Title Tort Law, 6th Ed. Date 2007 Publisher OUP ISBN 0199282463

Tort Law, 6th Ed. Modern Tort Law, 7th Ed. Tort Law, 6th Ed. Tort Law, 3rd Ed. Textbook on Torts, 8th Ed. Casebook on Torts. 10th Ed. Hepple and Matthews Tort: Cases and Materials, 6th Ed. Tort Law, 2nd Ed.

2007 2008 2008 2004 2002 2008 2008

Longman Routledge OUP Willan OUP OUP OUP

1405846720 0415458463 0199234426 1843920980 0199255337 0199232288 0199203849

2007

Hodder

034094160X

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5. Suggested resources

Internet resources
In addition to the textbooks identified above, the following web addresses can provide useful sources of up to date information and of recent legal developments in the UK. Source ACAS Advisory, Conciliation and Arbitration Service Acts of Parliament A-level-law links [Asif Tufal] AS/A Level Law Notes [St Brendans VI Form] British and Irish Legal Information Institute cases British University Billboard for Libraries Delia Venables Legal Resources E-lawstudent Guardian newspaper Incorporated Council of Law Reporting cases Infolaw Law Society Law Links Legal information on the Internet Ministry of Justice Mooting Official Government website for citizens Parliament The Times newspaper Web Journal of current legal issues Website www.acas.org.uk www.opsi.gov.uk/acts.htm www.a-level-law.com www.stbrn.ac.uk/other/depts/law/ http://www.bailii.org/ www.bubl.ac.uk/link/l/lawlinks.htm www.venables.co.uk www.e-lawstudent.com www.guardian.co.uk/ www.lawreports.co.uk/ www.infolaw.co.uk/ www.lawsociety.org.uk http://library.ukc.ac.uk/library/lawlinks/ www.justice.gov.uk/ www.firstlight.demon.co.uk/law/mooting/ www.open.gov.uk www.parliament.uk/ www.thetimes.co.uk/ http://webjcli.ncl.ac.uk/

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University of Cambridge International Examinations 1 Hills Road, Cambridge, CB1 2EU, United Kingdom Tel: +44 (0)1223 553554 Fax: +44 (0)1223 553558 Email: international@cie.org.uk Website: www.cie.org.uk University of Cambridge International Examinations 2008